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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legisl ature (2023)
HOUSE BILL 2645 By: Steagall
AS INTRODUCED
An Act relating to firearms; amending 21 O.S. 2021,
Section 1277, which r elates to the unlawf ul carry of
firearms in certain places; clarifying exemption that
authorizes the possession of firearms on certain
property; authorizing open carry on property of
nonprofit entities and public trusts under certain
circumstances; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1277, is
amended to read as follows:
Section 1277. A. It shall be unlawful for any person,
including a person in possession of a valid handgun license iss ued
pursuant to the provisions of the Oklahoma Self -Defense Act, to
carry any concealed or unconceale d firearm into any of the follo wing
places:
1. Any structure, building, or office space which is owned or
leased by a city, town, county, state or federal governmental
authority for the purpose of conducting business with the p ublic;
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2. Any courthouse, courtroom, prison, jail, deten tion facility
or any facility used to process, hold or house arrested persons,
prisoners or persons alleged delinquent or adju dicated delinquent,
except as provided in Section 21 of Title 57 of the O klahoma
Statutes;
3. Any public or private elementary o r public or private
secondary school, except as provided in subsections C and D of th is
section;
4. Any publicly owned or oper ated sports arena or venue during
a professional sporting event, unless a llowed by the event holder;
5. Any place where gambli ng is authorized by law, unless
allowed by the property owner;
6. Any other place spec ifically prohibited by law ; and
7. Any property set aside by a county, city, town, public trust
with a county, city or town as a beneficiary, or state governmental
authority for an event that is secured with minimum -security
provisions. For purposes of this paragraph, a minimum-security
provision consists of a location that is secured utilizing the
following:
a. a metallic-style security fence that is at least eight
(8) feet in height that encompasses the property and
is secured in such a way as to deter unauthorized
entry,
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b. controlled access points staffed by a uniformed,
commissioned peace officer, and
c. a metal detector whereby persons walk or otherwise
travel with their property through or by the metal
detector.
B. It shall be lawful for a person t o carry a concealed or
unconcealed firearm on the following properties:
1. Any property set aside for the use or parking of any
vehicle, whether attended or una ttended, by a city, town, county,
state or federal governmental authority;
2. Any property set aside for the use or parking of any
vehicle, whether attended or unattended, which is open to the
public, or by any entity engaged in gambling authorized by la w;
3. Any property adjacent to a structure, building or office
space in which concealed or unco ncealed weapons are prohibited by
the provisions of this section;
4. Any property designated by statute, ordinance, resolution,
policy, or use by a city, town, county or state governmental
authority as a street, plaza, sidewalk, alley, park, recreational
area, wildlife refuge, wildlife management area or fairgrounds;
provided, nothing in this paragraph shall be construed to authorize
any entry by a person in possession of a concealed or unconceale d
firearm into any structure, building , office space or event which is
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specifically prohibited by the provisions of subsection A of this
section;
5. Any property set aside by a public or private elementary or
secondary school for the use or parking of an y vehicle, whether
attended or unattended; provided, however, the firearm shall be
stored and hidden fr om view in a locked motor vehicle when the motor
vehicle is left unattended on school property ; and
6. Any public property set aside temporarily by a co unty, city,
town, public trust with a coun ty, city or town as a beneficiary, or
state governmental auth ority for the holder of an event permit that
is without minimum-security provisions, as such term is defined in
paragraph 7 of subsection A of this secti on; provided, the carry of
firearms within said permitted event area shall be limited to
concealed carry of a handgun unless otherwise authorized by the
holder of the event permit .
Nothing contained in any provision of this subsection or
subsection C of this section shall be construed to authoriz e or
allow any person in control of any place described in sub section A
of this section to establish any policy or rule that has the effect
of prohibiting any person in lawful possession of a handgun license
or otherwise in lawful possession of a firearm f rom carrying or
possessing the firearm on the property describ ed in this subsection.
C. A concealed or unconcealed weapon may be carried onto
private school property or in any school bus or vehicle used by any
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private school for transportation of student s or teachers by a
person who is licensed pursuant to the Oklah oma Self-Defense Act,
provided a policy has been adopted by the governing entity of the
private school that authorizes the carrying and possession of a
weapon on private school property or in a ny school bus or vehi cle
used by a private school . Except for acts of gross negligence or
willful or wanton misconduct, a governing entity of a private school
that adopts a policy which authorizes the possession of a weapon on
private school property, a s chool bus or vehicle used by the private
school shall not be subject to liability for any injuries arising
from the adoption of the policy . The provisions of this subsection
shall not apply to claims pursuant to the Administrative Workers '
Compensation Act.
D. Notwithstanding paragraph 3 of subsection A of this sect ion,
a board of education of a school district may adopt a policy
pursuant to Section 5 -149.2 of Title 70 of the Oklahoma Statutes to
authorize the carrying of a handgun onto school property b y school
personnel specifically designated by the board of educa tion,
provided such personnel either:
1. Possess a valid armed security guard license as provided for
in Section 1750.1 et seq. of Title 59 of the Oklah oma Statutes; or
2. Hold a valid reserve peace officer certi fication as provided
for in Section 3311 o f Title 70 of the Oklahoma Statutes.
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Nothing in this subsection shall be construed to restrict authority
granted elsewhere in law to carry firearms.
E. Notwithstanding the provisions of s ubsection A of this
section, on any property designated by statute, ordinance,
resolution, policy, or use by a municipality as a municipal zoo or
park, of any size that is owned, leased, operated or managed by:
1. A public trust created pursuant to the provisions of Section
176 of Title 60 of the Oklahoma Statutes; or
2. A nonprofit entity,
an individual shall be allowed to carry a concealed handgun but not
openly carry a handgun on the property ; provided, however, an
individual may openly carry a handgun or other firearm on the
property with permission from the public tr ust or nonprofit entity .
F. Any person violating the provisions of paragraph 2 or 3 of
subsection A of this section s hall, upon conviction, be guilt y of a
misdemeanor punishable by a fine not to exceed Two Hundred Fifty
Dollars ($250.00). A person violating any other provision of
subsection A of this section may be denied entrance onto the
property or removed from the p roperty. If the person refuses to
leave the property and a peace officer is summoned, the perso n may
be issued a citation for an amount n ot to exceed Two Hundred Fifty
Dollars ($250.00).
G. No person in possession of a valid handgun license issued
pursuant to the provisions of the Ok lahoma Self-Defense Act or who
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is carrying or in possession of a f irearm as otherwise permitted by
law or who is carrying or in possession of a machete, blackjack,
loaded cane, hand chain or metal knuckles shall be authorized to
carry the firearm, machete, blackjack, loaded cane, hand chain or
metal knuckles into or upon any college, university or technology
center school property, except as provided in this subsection . For
purposes of this subsection, the following property s hall not be
construed to be college, university or technology center school
property:
1. Any property set aside for the use or parking of any motor
vehicle, whether attended or unattended, provided the firearm,
machete, blackjack, loaded cane, hand chain or metal knuckles are
carried or stored as required by law and the firearm, machete,
blackjack, loaded cane, hand chain or metal knuckles are not removed
from the motor vehicle without the prior consent of the college or
university president or technology center school administrator w hile
the vehicle is on any college, university or technology center
school property;
2. Any property authori zed for possession or use of firearms,
machetes, blackjacks, loaded canes, hand chains or metal knuckles by
college, university or technology cent er school policy; and
3. Any property authorized by the written con sent of the
college or university presiden t or technology center school
administrator, provided the written consent is carried with the
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firearm, machete, blackj ack, loaded cane, hand chai n or metal
knuckles and the valid handgun license while on college, u niversity
or technology center school prop erty.
The college, university or technology center school may notify
the Oklahoma State Bureau of Investigation within ten (10) days of a
violation of any provision of this subsection by a licensee . Upon
receipt of a written notification of violation, the Bureau shall
give a reasonable notice to the licensee and hold a hearing . At the
hearing, upon a determination that the licensee has violated any
provision of this subsection, the licensee may be subject to an
administrative fine of Two Hundred Fifty Dol lars ($250.00) and may
have the handgun license suspended for three (3) months.
Nothing contained in any provision of this subsection shall be
construed to authorize or allow any college, university or
technology center school to establish any policy or ru le that has
the effect of prohibiting any person in lawful possession of a
handgun license or any person in lawful pos session of a firearm,
machete, blackjack, loaded cane, hand chain or metal knuckles from
possession of a firearm, machete, blackjack, load ed cane, hand chain
or metal knuckles in places described in paragraphs 1, 2 and 3 of
this subsection. Nothing contained in any provision of t his
subsection shall be construed to limit the authority of any college ,
university or technology center school i n this state from taking
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administrative action against any student for any violation of any
provision of this subsecti on.
H. The provisions of this section shall not apply to the
following:
1. Any peace officer or any person authorized by law to carry a
firearm in the course of employment;
2. District judges, associate district judges and special
district judges, who a re in possession of a valid handgun license
issued pursuant to the provisions of the Oklahoma Se lf-Defense Act
and whose names appear on a list maintained by the Administrative
Director of the Courts, when acting in the course and scope of
employment within the courthouses of t his state;
3. Private investigators with a firearms authorization when
acting in the course and scope of employment ;
4. Elected officials of a county, who are in possession of a
valid handgun license issued pursuant to the provision s of the
Oklahoma Self-Defense Act, may carry a concealed handgun when acting
in the performance of his or her duties within the courthous es of
the county in which he or she was elected . The provisions of this
paragraph shall not allow the elected county official to carry th e
handgun into a courtroom;
5. The sheriff of any county may authorize cert ain employees of
the county, who possess a valid handgun license issued pursuant to
the provisions of the Oklahoma Self -Defense Act, to carry a
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concealed handgun when acting in the course and scope of employment
within the courthouse in the county in which the person is employed .
Nothing in the Oklahoma Self-Defense Act shall prohibit the sheriff
from requiring additional instruction or training befor e granting
authorization to carry a concealed handgun within the courthouse .
The provisions of this paragr aph and of paragraph 6 of this
subsection shall not allow the county employee to carry the handgun
into a courtroom, sheriff 's office, adult or juvenile jail or any
other prisoner detention area; and
6. The board of county commissioners of any county may
authorize certain employees of the county, who possess a valid
handgun license issued pursuant to the provisions of the Oklahoma
Self-Defense Act, to carry a co ncealed handgun when acting in the
course and scope of employment on county annex facilities or grounds
surrounding the county courthouse.
I. For the purposes of this section, "motor vehicle" means any
automobile, truck, minivan, sports utility vehicle , or motorcycle,
as defined in Section 1 -135 of Title 47 of the Oklahoma Statutes,
equipped with a locked accessory container within or affix ed to the
motorcycle.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON STATE POWERS, dated 03/02/2023 -
DO PASS.